The EU Merger Working Group, established in Brussels in 2010, consists of representatives of the European Commission and the national authorities of the European Union who have responsibility for merger review ("NCAs") together with observers from the NCAs of the European Economic Area.
The objective of the Working Group is to foster increased consistency, convergence and cooperation among EU merger jurisdictions. The group's mandate is to identify areas of possible improvements regarding issues arising in relation to mergers with cross-border impact, and to explore possible solutions, focusing on what is feasible within the existing legal frameworks, and drawing from agency practices and experience.
Best Practices on cooperation between EU National Competition Authorities In Merger Review, November 2011.
The Best Practices aim at fostering cooperation and the sharing of information between NCAs in the European Union, for mergers that do not qualify for review by the Commission itself (the one-stop shop review) but require clearance in several Member States ("multiple filing").
A consultation on the draft best practices took place in spring 2011.
As set out in the Best Practices, where appropriate, the NCAs encourage the parties to waive confidentiality with regard to mergers subject to cooperation. For this purpose, the format proposed by the International Competition Network (ICN) model waiver is recommended.
The Best Practices refer to other relevant documents:
- European Competition Authorities (ECA): the Exchange of Information between Members on Multi-jurisdictional Mergers (Model Notice and Procedures Guide), June 2002
- Commission Notice on Case Referral in respect of concentrations (OJ C 56, 05.03.2005, p.2-23)
- European Competition Authorities (ECA): Principles on the application, by National Competition Authorities within the ECA, of Articles 4(5) and 22 of the EC Merger Regulation , January 2002.
Overview of the state of play of information requirements for merger notifications in each EU Member State
- Report on Merger Information Requirements (May 2016)
- Table A - Procedural steps (updated October 2016)
- Table B - Part 1 - Transaction (updated October 2016)
- Table B - Part 2 - Companies (updated October 2016)
- Table B - Part 3 - Markets (updated October 2016)
Public Interest Regimes in the European Union – differences and similarities in approach, Final Report of the EU Merger Working Group (September 2016)